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2024-08-12 City Council Regular Meeting Minutes Pearland City Council Minutes August 12, 2024 CITY OF PEARLAND, TEXAS CITY COUNCIL REGULAR MEETING MINUTES AUGUST 12, 2024 The City Council of Pearland, Texas convened in a meeting on Monday, August 12, 2024 at the Pearland City Hall Council Chambers, 3519 Liberty Drive, Pearland, Texas. The following represents the actions taken by City Council in the order they occurred during the meeting. All motions are made by Council in consecutive order, as determined by the Mayor. I. CALL TO ORDER Mayor J. Kevin Cole called the meeting to order at 6:32 p.m. II. INVOCATION AND THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF AMERICA FLAG AND TEXAS FLAG Mayor-Pro Tem Carbone gave the Invocation and Councilmember Cade led the Pledge of Allegiance to the United States of America Flag and the Texas Flag. III. ROLL CALL AND CERTIFICATION OF QUORUM Mayor J. Kevin Cole Mayor Pro-Tem Tony Carbone Councilmember Joseph Koza Councilmember Mona Chavarria Councilmember Clint Byrom Councilmember Layni Cade Councilmember Chad Thumann Councilmember Rushi Patel City Manager Trent Epperson City Attorney Darrin Coker City Secretary Frances Aguilar All members were present. IV. CITIZEN COMMENTS Zachary B. Tiemann, 12802 Erin Ln., Dayton, expressed his concern regarding a bid he submitted to the Purchasing Department. Adam Carroll, Pearland, spoke on the behalf of the Pearland Police Officers Association (PPOA) regarding the City's proposed compensation plan. V. CONSENT AGENDA A. Consideration and Possible Action - Approval of the minutes of the Pearland City Council Regular Meeting held on July 22, 2024; City Council and Planning and Zoning Commission Joint Planned Development Workshop held on July 22, 2024; and the City Council Page 1 of 8 Docusign Envelope ID: 25902D1F-763D-4DEE-B5B7-15FF5D0D96F7 Pearland City Council Minutes August 12, 2024 Regular Meeting held on July 22, 2024. B. Consideration and Possible Action - Second and Final Reading of Ordinance No. 1636 - An Ordinance extending the city limits of the City of Pearland, Texas, to include certain land area within certain limits and boundaries and annexing to the City of Pearland the area within such limits and boundaries (approximately 16,604 square feet generally located at Southwest of the intersection of Glenview Drive and DeLeon Lane); containing an effective date and other provisions related to the subject; and providing a savings and severability clause. C. Consideration and Possible Action - Second and Final Reading of Ordinance No. 2000M-260 - An Ordinance of the City Council of the City of Pearland, Texas, amending Ordinance No. 2000M, the zoning map of the City of Pearland, Texas, for the purpose of changing the classification of certain property; being described as a tract of land containing 0.9753 acres (42,484 square feet), situated in Section 8 of the H.T. & B.R.R. Company Survey, Abstract 504, Brazoria County, Texas, being all of a tract of land conveyed unto DGND Holdings LLC under County Clerk’s File No. 2023009782 of the Official Records of Brazoria County, Texas, and being out of and a part of Lot 23 of the Allison-Richey Gulf Coast Home Company Subdivision of said Section 8 as recorded in Volume 2, Page 23 of the Plat Records of Brazoria County, Texas (located at 2641 Roy Road, Texas). Zone Change Application No. ZONE 24-11, a request by Jessica Ruiz, applicant, on behalf of Prosperity Roofing & Construction LLC., owner, for approval of a zone change from Office & Professional (OP) District to General Commercial (GC) District; providing for an amendment of the zoning district map; containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. D. Pulled for discussion. E. Pulled for discussion. Councilmember Koza made the motion, seconded by Councilmember Thumann to approve the Consent Agenda items A-E, except for D and E. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. VI. MATTERS REMOVED FROM CONSENT AGENDA D. Consideration and Possible Action - Resolution No. R2024-164 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to participate in an interlocal cooperative pricing arrangement with the Texas Department of Information Resources (DIR), for the purchase of Panasonic Toughbooks from Southern Computer Warehouse, in the estimated amount of $197,297.55. Page 2 of 8 Docusign Envelope ID: 25902D1F-763D-4DEE-B5B7-15FF5D0D96F7 Pearland City Council Minutes August 12, 2024 Councilmember Koza made the motion, seconded by Councilmember Thumann to approve Resolution No. R2024-164. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. E. Consideration and Possible Action - Resolution No. R2024-141 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into a 2-year contract (1-year initial term with a 1-year renewal) for investment advisory services with Hilltop Securities Asset Management LLC, in the estimated amount of $88,000.00, for the initial period of August 13, 2024 through August 12, 2025. Councilmember Koza made the motion, seconded by Councilmember Byrom to approve Resolution No. R2024-141. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. VII. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE Council adjourned into Executive Session at 6:51 p.m. Section 551.074 - Personal Matters - Regarding City Boards and Commission appointment. Conducted. Council returned from Executive Session at 7:54 p.m. VIII. NEW BUSINESS 1. Consideration and Possible Action - Regarding City Boards and Commissions appointment. Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Koza to approve the appointment as follows: Name Position New Term Thomas Echols Position 5 Aug 2024 – Oct 2024 AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. Page 3 of 8 Docusign Envelope ID: 25902D1F-763D-4DEE-B5B7-15FF5D0D96F7 Pearland City Council Minutes August 12, 2024 The motion carried. 2. Consideration and Possible Action - Regarding ratification of the City Manager's appointment of a Director of Finance. Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Chavarria to approve the ratification of the City Manager's appointment of the Director of Finance. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. IX. PUBLIC HEARING NO. 1 1. Public Hearing - The second of two required public hearings for the FY 2025 Community Development Block Grant (CDBG) Annual Action Plan (HUD Program Year 2024): CDBG Award No. B-24-MC-48-0400. Mayor Cole opened the Public Hearing. Presentation was provided by Michael Rawlinson, Grant Manager; and Joel Hardy, Grants/Special Projects Administrator. Breah Knape, 1524 E Mulberry #135, Angleton, expressed her support for this item. Mayor Cole closed the Public Hearing. X. NEW BUSINESS CONTINUED 3. Consideration and Possible Action - Resolution No. R2024-162 - A Resolution of the City Council of the City of Pearland, Texas, approving the City of Pearland’s Fiscal Year 2025 Community Development Block Grant (CDBG) Annual Action Plan (Program Year 2024), for submission to the U.S. Department of Housing and Urban Development (HUD) in the amount of $456,770.00. Councilmember Chavarria made the motion, seconded by Councilmember Cade to approve Resolution No. R2024-162. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. 4. Consideration and Possible Action – First and Only Reading of Ordinance No. 1638 - An Ordinance of the City Council of the City of Pearland, Texas, authorizing the issuance of City of Pearland, Texas Certificates of Obligation, Series 2024A; prescribing the terms thereof; Page 4 of 8 Docusign Envelope ID: 25902D1F-763D-4DEE-B5B7-15FF5D0D96F7 Pearland City Council Minutes August 12, 2024 providing for the payment thereof; awarding the sale thereof; making other provisions regarding such Certificates and matters incident thereto; and declaring an emergency. Presentation was provided by John Robuck, Managing Director with BOK Financial Secruties, Inc. Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Koza to approve first and only reading of Ordinance No. 1638. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. 5. Consideration and Possible Action - First and Only Reading of Ordinance No. 1639 - An Ordinance of the City Council of the City of Pearland, Texas, authorizing the issuance of City of Pearland, Texas Certificates of Obligation, Series 2024C; prescribing the terms thereof; providing for the payment thereof; awarding the sale thereof; making other provisions regarding such Certificates and matters incident thereto; and declaring an emergency. Councilmember Byrom made the motion, seconded by Councilmember Cade to approve first and only reading of Ordinance No. 1639. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. 6. Consideration and Possible Action - Resolution No. R2024-160 - A Resolution of the City Council of the City of Pearland, Texas, placing on the agendas of September 9, 2024, and September 23, 2024 City Council meetings, consideration of the proposed fiscal year 2024-2025 budget and setting the public hearing on the budget for September 9, 2024 at 6:30 PM. Councilmember Cade made the motion, seconded by Councilmember Byrom to approve Resolution No. R2024-160. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. Action was taken on New Business Item 7 but was later reconsidered. 8. Consideration and Possible Action - Resolution No. R2024-165 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter a Fourth Amended Development Agreement with Massey Oaks Development, LP, (“Developer”) reciting the amended responsibilities of the City and Page 5 of 8 Docusign Envelope ID: 25902D1F-763D-4DEE-B5B7-15FF5D0D96F7 Pearland City Council Minutes August 12, 2024 Developer associated with the development of a residential community (Massey Oaks); and authorizing an Assignment and Assumption Agreement related to the Fourth Amended Development Agreement. Councilmember Thumann recused himself from this item. Presentation was provided by Darrin Coker, City Attorney. Councilmember Patel made the motion, seconded by Councilmember Koza to approve Resolution No. R2024-165. AYES: Carbone, Koza, Chavarria, Byrom, Cade, and Patel. NAYS: None. The motion carried. 7. Consideration and Possible Action - Resolution No. R2024-161 - A Resolution of the City Council of the City of Pearland, Texas, proposing a tax rate not to exceed 0.6554, which represents a property tax revenue increase of 9.320% above the No New Revenue Tax Rate, and placing on the agendas of September 9, 2024 and September 23, 2024 regular City Council meetings, consideration of the proposed fiscal year 2024-2025 tax rate and setting a public hearing on the tax rate for September 23, 2024 at 6:30 pm. Councilmember Thumann made the motion, seconded by Layni Cade to approve Resolution No. R2024-161. Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Koza to amend the maximum tax rate not to exceed .635, which is a 7.11% increase from last year's tax rate. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. Councilmember Thumann made the motion, seconded by Councilmember Cade to approve Resolution No. R2024-161 as amended. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. Councilmember Koza made the motion, seconded by Councilmember Chavarria to reconsider. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. Page 6 of 8 Docusign Envelope ID: 25902D1F-763D-4DEE-B5B7-15FF5D0D96F7 Pearland City Council Minutes August 12, 2024 The motion carried. Councilmember Koza made the motion, seconded by Councilmember Cade to amend the maximum tax rate not to exceed .635 which is 5.92% increase from last year's tax rate. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. Councilmember Koza made the motion, seconded by Councilmember Cade to approve Resolution No. R2024-161 as amended. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. 9. Consideration and Possible Action - Resolution No. R2024-140 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to participate in an interlocal cooperative pricing arrangement with Choice Partners for the purchase of construction services (Centennial Park Storage Building), in the amount of $670,814.43, from Construction Masters of Houston. Councilmember Koza made the motion, seconded by Mayor Pro-Tem Carbone to approve Resolution No. R2024-140. Justin Davis, President with Choice Partners was present to answer questions from the Council. AYES: None. NAYS: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. The motion failed. 10. Consideration and Possible Action - Resolution No. R2024-159 - A Resolution of the City Council of the City of Pearland, Texas, renewing a unit price contract for the purchase of motor fuel with Houston-Pasadena Apache Oil Company, in the estimated amount of $1,250,000.00, for the period of August 13, 2024 through August 12, 2025. Councilmember Chavarria made the motion, seconded by Councilmember Thumann to approve Resolution No. R2024-159. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. 11. Council Discussion - Regarding the Old Town Revitalization Stakeholder Committee and select councilmembers to serve. Page 7 of 8 Docusign Envelope ID: 25902D1F-763D-4DEE-B5B7-15FF5D0D96F7 Pearland City Council Minutes August 12, 2024 The City Council selected Mayor Cole, Councilmember Chavarria, and Councilmember Cade to serve on the Old Town Revitalization Stakeholder Committee. XI.OTHER BUSINESS There were no other business items. XII.MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION There were no issues to discuss. XIII.ADJOURNMENT Mayor Cole adjourned the meeting at 9:21 p.m. The Minutes were approved on this the 26th day of August 2024. City of Pearland, Texas J. Kevin Cole Mayor ATTEST: Frances Aguilar TRMC, MMC City Secretary Page 8 of 8 Docusign Envelope ID: 25902D1F-763D-4DEE-B5B7-15FF5D0D96F7